Allow Cookies!
By using our website, you agree to the use of cookies
A petition was filed by congress leader Paresh Dhanani seeking simultaneous polls for filling up vacant Rajya Sabha seats in Gujarat. Vivek Tankha appearing for Dhanani , argued that Election Commission`s decision was violative of Article 14.
Dhanani contended in his petition that the ECI notice of June 15 terms the vacancies created due to the election of Amit Shah and Smriti Irani to Lok Sabha as casual vacancies is complete and direct violation of the section 69 of representation of people Act. Separate election for each vacancy would lead to the victory of the candidate from the party commanding simple majority in the state legislature, the petition contends. This, it is contended would upset the Scheme of Proportional representation as required under the RP Act.
The vacation bench of Justice Sanjiv Khanna and BR Gavai refused the petition saying that election petition is statutory remedy in this case and also refused the submission of the petitioners under violation of Art 14 saying
“How will your petition be maintainable as violation of fundamental rights? Contesting election is a purely statutory right”
86540
103860
630
114
59824